HomeMy WebLinkAboutContract 53894 Date Received: 05/12i2020 City Secretary F f
Time Received: 12:00 Pm Number: 53894
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CONSENT AGREENOgT
FOR
TEMPORARY USE OF PUBLIC PROPERTY
STATE OF TEXAS
COUNTY OF TARRANT
THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a €
municipal corporation of Tarrant County, Texas,acting herein by and through its duly authorized
Building Official,hereinafter referred to as the"City"and
Brazos Restoration & Waterproofing, Inc.
Acting by and through its duly authorized agent, Waiter F_ Johnston
Hereinafter referred to as"Grantee".
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WITNESSETH:
For and in consideration of the payment by Grantee of charges set out below and the true and
faithfid performance of the mutual covenants herein contained, City hereby grants to Grantee
permission to temporarily encroach upon,uses and occupy portion of the space under, on and/or
above the streets,alleys,sidewalks or other public rights-of-way as follows: 33 0 E. Fourth
Street, Fort Worth, Texas 76102 — Fourth street two south lanes �
and sidewalk from Calhoun to Commerce street, f
The location and description of said encroachment is more particularly described in Exhibit"B"
attached hereto,incorporated herein and made a part hereof for all purposes.
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2.
All use and occupancy of public street, alleys,sicEcwalks or other pnbIic rights-of-way under
this agreement shall be in strict compliance with the Charter, Ordinances and Cordes of the City
and in accordance with the directions of the Building Official and the Director of Transportation
and Public Works of City, OFF9CIAL RECORD
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CONSEWAGREWEWW Temporary use of ptEc 4 CRETA�RY
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Upon expiration of this agreement and the privileges granted hereunder, there shall be no ( i
encroachment by Grantee in,under,on or above the surface of the public rights-of-way involved. -
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4.
Grantee agrees to pay in advance an encroachment fee for the temporary privilege of '
encroaching upon a portion of the public rights-of-way as described in Exhibit`B". Said fee is
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calculated in the manner and amounts prescribed by the Building Code of the City of Fort Worth ;
for temporary use or occupancy of public property. The estimated total amount of said fee is: I
4th Street Work Zone — 3, 150SF x .03 x 30 = $2,835.00
4th Street Taper & Buffer — 2,580SF x .03 x 30. = $2, 322.00 }
4th Street Sidewalk 2, 000SF x .015 x 30 = $900.00 f I
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Total — $6, 057.00 r{
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Grantee, at no expense to City, shall make proper provision for the relocation and/or
installation of any existing or future traffic control devises or other improvements affected by
such encroachment, use and occupancy, including the securing of approval and consent from the
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appropriate agencies of the State and its political subdivisions. In the event that any installation,
reinstallation, relocation or repair of any existing or future traffic control device or improvement
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owned or constructed by or on behalf of the public or at public expense is made more costly by j
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virtue of the existence of such encroachment and use, Grantee shall pay to City and additional
amount equal to such additional cost as determined by City. I
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The term of this agreement shall be for 3 0 days,from 5/1 1 /2 0 to 6/9_/2 0
Provided, however, should the need for the encroachments granted hereunder at any time cease, !i
Grantee agrees to immediately notify City of such condition; and, upon receipt of such notice by
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the Building Official of the City of Fort Worth,this agreement shall terminate.
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7. }
It is expressly understood and agreed that this Consent Agreement is for a temporary
encroachment in, under, over and upon the public property as located and described in Exhibit I
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CONSENT AGREEMENTror Temporary usa of public propertyl.doc 1
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`B". This agreement shall not be construed as the granting of a permanent easement, �
encroachment or license upon City's public streets,alleys,sidewalks,or other rights-of--way. �
8.
City, through its duly authorized representatives, shall have the full and unrestricted right to f
enter upon all public rights-of-way for the purpose of making inspections to determine j
compliance with the terms, covenants and conditions herein. .In the event that any inspection
should reveal a breach of any terms, covenants or conditions herein, City shall give Grantee
notice of such breach. Should such breach not be corrected by Grantee within twenty-four (24)
hours of receipt of the notice, or within such shorter period of time as deemed necessary by the
Building Official for the protection of public health or safety, City may terminate and cancel this
agreement. f l
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9.
Upon expiration or termination of this agreement for any reason whatsoever, Grantee shall, at
no expense to City, restore the public rights-of-way and adjacent supporting structures to a
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condition acceptable to the Director of Transportation and Public Works or his duly authorized
representative and in accordance with then existing City specifications, and Grantee shall remove
all barricades, equipment, supplies, materials or other property from said location. Grantee i
further covenants and agrees that for a period of one (1)year after the termination of this Consent
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Agreement, Grantee will repair all conditions or damages to the streets and sidewalks or other
rights-of-way that have resulted from Grantee's use or occupancy of the streets and sidewalks or
other rights-of-way, as determined by the Director of Transportation and Public Works or his
designee. Grantee agrees to begin such repairs within thirty (30) days of receipt of notice from
the Director of Transportation and Public Works or his designee. All repairs shall be performed
in an expeditious and workmanlike manner and shall comply with all applicable laws, codes, I
ordinances and City specifications.
In the event that Grantee fails to comply with the covenants herein contained with respect to
such removal or restoration, the City shall have the right to remove or dispose of any barricades,
equipment, supplies, materials or other property and repair any conditions which in the opinion of
the City are necessary to bring the public rights-of-way to the condition prescribed herein, and
City shall not be responsible for trespass or any other damage or liability in connection with such
removal or restoration. Grantee shall reimburse City for the cost and expense of such removal
and/or repairs immediately following billing for same by City.
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CONSENT AGREEMENTfor Temporary use of public propertyl.doc
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Nothing herein shall be construed as a waiver by City to enforce penal sanctions prescribed
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by the Code of the City of Fort Worth and the laws of the State of Texas for Grantee's continued j
encroachment upon the public rights-of-way following termination of this Consent Agreement. I
10.
It is further understood and agreed between the parties hereto that City holds the city streets,
alleys, sidewalks and other public rights-of-way, including the portions of such streets used and
encroached upon as described herein, as trustee for the public; that City exercises such powers f`
over the streets as have been delegated to it by the Constitution of the State of Texas or by the
Legislature; and the City cannot contract away its duty and its legislative power to control the i
streets for the use and benefit of the public. It is accordingly agreed that if the governing body of
City, to wit, its City Council, shall at any time during the term hereof determine in its sole
discretion to use or cause or permit to be used for any public purpose the said encroached portion
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of the streets,then this agreement shall be automatically canceled and terminated.
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11.
Grantee agrees to comply fully with all applicable federal, state and local laws, statutes,
ordinances, codes or regulations in connection with the construction, operation and maintenance +
of said encroachments and uses.
12.
Grantee agrees to pay promptly when due all fees, taxes or rentals provided for by this
agreement or by any federal,state or local statue, law or regulation.
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13.
Grantee covenants and agrees that it shall exercise all rights and privileges granted hereunder
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as an independent contractor, and not as an officer, agent, servant or employee of City; that i
Grantee shall have exclusive control of and the exclusive right to control the details of its
operations and activities on said described public property and all persons performing same, and �
shall be solely responsible for the acts and omissions of its officers, agents, servants, employees,
contractors, subcontractors, licensees and invitees; that the doctrine of respondeat superior shall
not apply as between City and Grantee, its officers, agents, servants, employees, contractors and
subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise
between City and Grantee.
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CONSENT AGREEMENTfor Temporary use of public properbyl.doc
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14.
GRANTEE COVENANTS AND AGREES TO INDE1VI TIFY, AND DOES HEREBY
INDEMIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
SUITS FOR PROPERTY DAMMAGE OR LOSS AND/OR PERSONAL INJURY,
CNCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER FIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE MAINTENANCE,
OCCUPANCY, USE, EXISTENCE OR LOCATION OF SAID ENCROACHMENT AND
USES GRANTED HEREUNDER, WHETHER OR NOT CAUSE, IN WHOLE OR PART,
BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY; AND
GRANTEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY,
ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FOR SUCH CLAIMS OR
SUITS. GRANTEE SHALL LIKEWISE ASSUME ALL LIABILITY AND
RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR
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DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH
ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICESNEES,
INVITEES OR TRESPASSERS.
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15.
Grantee agrees to furnish City with a Certificate of Insurance, naming City as certificate l
holder, as proof that it has secured and paid for a policy of public liability insurance covering all
public risks related to the proposed use and occupancy of public property as located and
described in Exhibit"B". The amounts of such insurance shall be not less that the following:
Property damage,per occurrence $100,000.00 r
Bodily injury, per person $250,000.00
Bodily injury or death, per occurrence S500,000.00
With the understanding of and agreement by Grantee that such insurance amounts shall be revised
upward at City's option and that Grantee shall so revise such amount immediately following
notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be
canceled or amended without at least thirty(30) days' prior written notice to the Building Official
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CONSENT AGREEMENTfor Temporary use of public properly)finr.
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of the City of Fort Worth. A copy of such Certificate of Insurance is attached as Exhibit"A"
Grantee agrecs to submit a similar Certificate of Insurance annually to City on the anniversary
date of the execution of this agreement.
Grantee,,agrees,binds and obligates itself,it successors and assigns,to maintain and keep in
force such public liability insurance at all times during the term of this agreement and until the j
removal of all encroachments and the cleaning and restoration of the city streets. All insurance
coverage required herein shall include coverage of all Grantee's contractors.
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Grantee covenants and agrees that it will not assign all or any of its rights,privileges or duties I
under this contract without prior written approval of City, and any attempted assignment without
such prior written approval shall be void.
17.
This agreement shall be binding upon the parties hereto,their successors and assigns.
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Should any action, whether real or asserted, at law or in equity, arise out of the terms and
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conditions of this agreement or out of the use and occupancy of City property as permitted
hereunder,venue for said action shall be in Tarrant County,Texas.
19.
In any action brought by City for the enforcement of the obligations of Grantee,City shall be
entitled to recover interest and reasonable attorneys'fees.
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EXECUTED this 1 s t day of May 2M12 0 }
Brazos Restoration & i
GRANTOR: GRANTEE:Waterproofing, Inc.
CITY OF FORT WORTH
Allison Gray
Building Official ;
President
Title
F07FTRUAL RECURID1
C0MSEbrrAGREEMENTforTCn1PtMPVtlse4 PobnoPMPeAW.60c R ARY
k' o. vvURTH, TX
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APPROVED TO FORM AND LEGALITY:
Me6iR&kgwos 5.11.2020
Assistant City Attorney Date
5-12-2020
City Secretary Date
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FKWOR
'RECORD
RETARY
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CONSENT AGREEMENTIor Temporary use aNblic property7.doe
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STATE OF TEXAS
COUNTY OF TA ANT
BEFORE ME,the underskned authority, a Notary.public in and
For the State of Texas, opt this daypersonally appeared Allison Gra
fficial ,known to me to be theperson whose
name is subscribed to the foregoing irastrrament, and acknowledged to me
that he/ske executed the same for the pu poses and consideration therein
expressed, as the act and deed of ort Worth 9
and in the capacity therein stated.
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of May
GIVEN UADER MY TIAND AMD SEAL OF OFFICE this 11 th day l
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Allison Gray
Affiant
Building Official
7"atle
LAU RI E Digitally stgned by LAURIE
PEQUENO LEWIS —
PEQUENO LEWIS Data:2o20.05.1114:33:34-05'00'
Notary Public in and for
p,Ry PUeGc) LA U R I E P EQ U E N 0 LEWIS The State of Texas
Notary Public
STATE OF TEXAS
h q Notary I.D. 132278952
OF My Comm. Exp. Dec. 10, 2023
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CITY SECRET AM
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STATE OF TEXAS
C00aT OF TAINT
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BEFORE ME,the undersigned authority,a Notary Public in and
Foi-the Mate of Texas,on this dray personally appeared �
Walter F. ,johns tan known to me to be the person whose
name is subscriber)to the,foregoing instrument,and acknowledged to me �
Mat he/she executed the same for the puiposes and consideration therein
expressed,as the act and deed of Brazos gestozation & watexproofing, Inc.
and in the capacity therein stated.
Grff,X UNDER MYIM"AND VEAL OF OFFICE this 1 St day
of May 2020 .
Affa[ant
President
Title
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as�,Yp CNRISTA WILLIAMS
Notary Public rVota paaGllc in and or
State of Texas fo
° r ID#IG45223-5 The State of Texas
°F Comm.Expires 03/24/2024
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